Asst. Commissioner of Income Tax, Circle-14(1)., Hyderabad V. BBEL-MIPL Joint Venture., Hyderabad.

ITA 1263/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7313 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 25-03-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 20-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1263 /H/20 1 7 A SSESSMENT Y EAR : 20 10 - 11 ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 14 (1), HYDERABAD. VS. BBEL MIPL JOINT VENTURE, HYDERABAD. PAN AAAAB7423P (APPELLANT) (RESPONDENT) REVENUE BY: S HRI S UNIL KUMAR PANDEY ASSESSEE BY: S HRI S. RAMA RAO DATE OF HEARING: 2 5 /0 3 /2021 DATE OF PRONOUNCEMENT: 05 / 0 4 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE REVENUE FOR AY 20 10 - 11 I S DIRECTED AGAINST CIT(A) - 6 , HYDERABADS ORDER DATED 1 2 / 04 /201 7 INVOLVING PROCEEDINGS U/S 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE TIME OF HEARING IT HAS BEEN BROUGHT TO OUR NOTICE THAT AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11.07.2018 AND CIRCULAR NO.17 OF 2019 DATED 9 TH AUGUST, ITA NO. 1263 /H YD/ 20 1 7 BBEL - MIPL JOINT VENTURE, HYDERABAD. : - 2 - : 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT R S.50.00 LAKHS. SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKHS, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFECT WITH THE LIBERTY TO THE REVENUE TO SEEK RECALL OF THE ORDER, IF ANY OF THESE CASES FALLS WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 3 . IN THE RESULT, REVENUE S APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 5 TH APRIL , 20 2 1 . KV C OPY TO : 1 ACIT, CIRCLE 14(1), 6 TH FLOOR, C BLOCK, IT TOWERS, MASAB TANK , HYD ERABAD. 2 M/S BBEL MIPL JOINT VENTURE , PLOT NO. 119, MEENAKSHI S HOUSE, ROAD NO. 10, BANJARA HILLS, HYDERABAD . 3 CIT(A) 6 , HYDERABAD 4 PR. CIT 6 , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.